GREAT LOCATION NEW YORK, INC., plf-ap, v. 719 SEVENTH TIC 1 OWNER, LLC, def-res, RYUNG HEE CHO, def

2870. GREAT LOCATION NEW YORK, INC., plf-ap, v. 719 SEVENTH TIC 1 OWNER, LLC, def-res, RYUNG HEE CHO, def — Jaffe, Ross & Light LLP, New York (Burton R. Ross of counsel), for ap — Stempel Bennett Claman & Hochberg, P.C., New York (Richard L. Claman of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered March 24, 2016, which denied plaintiff’s motion for summary judgment against defendant 719 Seventh TIC 1 Owner LLC (landlord), unanimously affirmed, without costs.

In a provision titled “Demolition,” the commercial lease agreement between plaintiff and defendant landlord permitted the landlord to terminate the lease in the event it intended to demolish the building, provided that it gave the tenant six months’ notice, and the landlord agreed to pay the tenant a surrender bonus promptly after the tenant vacated the premises, provided that the tenant “was not in default beyond any applicable grace period with respect to a provision of the lease which Landlord reasonably believes to be material.” Plaintiff’s subtenant remained in possession of the leased premises for 26 days after the early termination of the lease.